Cnty. of Butte v. Dep't of Water Res.

• Decision Date: 11 December 2019
• Docket Number: S258574
• Citation: 454 P.3d 170,256 Cal.Rptr.3d 318 (Mem)
• Court: California Supreme Court
• Parties: COUNTY OF BUTTE v. DEPARTMENT OF WATER RESOURCES (STATE WATER CONTRACTORS)

454 P.3d 170

256 Cal.Rptr.3d 318 (Mem)

COUNTY OF BUTTE

v.DEPARTMENT OF WATER RESOURCES (STATE WATER CONTRACTORS)

S258574

Supreme Court of California.

DECEMBER 11, 2019

The petition for review is granted. The parties are ordered to brief the following issues: 1. To what extent does the Federal Power Act preempt application of the California Environmental Quality Act when the state is acting on its own behalf, and exercising its discretion, in deciding to pursue licensing for a hydroelectric dam project? 2. Does the Federal Power Act preempt state court challenges to an environmental impact report prepared under the California Environmental Quality Act to comply with the federal water quality certification under section 401 of the federal Clean Water Act? The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal filed September 5, 2019, which appears at 39 Cal.App.5th 708, 252 Cal.Rptr.3d 435. ( Cal. Const., art. VI, § 14 ; Cal. Rules of Court, rule 8.1125(c)(1).)

Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuellar, Kruger and Groban, JJ.